So what was the procedure for the amendment of the provisions of the erstwhile 1979 third republican constitution of Ghana?
Introduction
We shall begin with the obvious: the meaning of the term, amendment of a constitution.
The amendment of a constitution is the process by which constitutional provisions could be changed when the need arises especially when such provisions are considered to have become irrelevant in meeting the needs of the people.
The procedure for the amendment of the 1979 constitution of Ghana
1. Under the 1979 constitution of Ghana, all amendments were to be made by an act of parliament. In other words, it was parliament that could pass a law to effect any amendment of the third republican constitution of Ghana.
2. Ordinary Provisions could be amended by parliament by securing a two-thirds majority vote in parliament.
3. Entrenched provisions in the 1979 constitution of Ghana could be amended through a parliamentary procedure securing a two-thirds (2/3) majority vote of members.
After securing the 2/3 majority vote of all members of parliament, the matter would have to be referred to the people of Ghana for approval in a referendum.
4. Parliament must refer all bills for the amendment of the 1979 constitution of Ghana to the president for his assent.
5. Some entrenched provisions were required to be considered by parliament where a referendum was not applicable
6. Any amendment to fundamental human rights should be deemed to enhance the provisions regarding any such rights in the interest of the people and not to limit them.
Thank you!
